SEPARATING MAASER FROM WHAT HE WON'T BE KEEPING (Yerushalmi Perek 3 Halachah 2 Daf 13a)
îùðä äøåöä ìçæåí òìé éø÷ ìä÷ì îîùàå ìà éùìéê òã ùéòùø
(Mishnah): If a person wants to prune leaves of vegetables (that are tied into bundles, so they are already obligated in Maaseros) to lighten their load, he should not discard them before separating Maaser (lest an Am HaAretz find them and eat them without tithing).
äìå÷ç éø÷ îï äùå÷ åðîìê ìäçæéø ìà éçæéø òã ùéòùø ùàéðå îòùø àìà îðéï
One who takes (a bundle of) vegetables in the market and he decides to return it, (since it had a fixed price) he should not do so before separating Maaser, because all that it's lacking is counting the number of bundles (as the price had already been fixed and the vegetables had already been taken).
äéä òåîã åìå÷ç åøàä èòåï àçø éôä îîðå îåúø ìäçæéø îôðé ùìà îùê:
If he was standing and choosing a bundle and then he saw a better bundle, he may return the first one (without tithing), because he did not draw them (into his possession).
âîøà àîø ø"à ãø"î äéà ãø"î àîø ìà äúéøå ìîëåø ãîàé àìà ìñéèåï áìáã
(Gemara) (R. Elazar): This Mishnah follows the opinion of R. Meir, who said that they only permitted selling Demai to a wholesaler (who sells in large quantities, so they exempted him from tithing).
[ãó ëå òîåã á (òåæ åäãø)] àîø øáé éåçðï ãáøé äëì äéà ùðééà äéà (ùäæåëä æåëä áã÷ä åàéï äîá÷éø îá÷éø)[ùäîô÷éø îô÷éø áâñä åàéï äæåëä æåëä] áâñä
(R. Yochanan): (Disagreeing) The Mishnah follows all opinions - this case is different - the owner discarded a large quantity, but the finder only gathered it in small quantities.
åìéúä ãà ôìéâé òì ãø"î ãø"î àîø ëéåï ùàãí îá÷éø ãáø åéåöà îøùåúå äô÷øå äô÷ø
Question: Doesn't this disagree with R. Meir, who said that once a person declares something ownerless and it leaves his possession, it is ownerless?
ùðééà äéà ùäæåëä æåëä áã÷ä åàéï äîô÷éø îô÷éø áâñä
Answer: (It's different here) Since he discarded a large quantity of vegetables, which is not the norm, it does not render it ownerless, so he must tithe it before he discards it.
åàôéìå òì ãø' éåñé ìéúä ãà ôìéâé ãøáé éåñé àîø àéï ääô÷ø éåöà îúçú éãé äáòìéí àìà áæëééä àéï äô÷øå äô÷ø
Question: And doesn't it disagree even with R. Yosi, who said that Hefker does not leave the possession of the owner unless an acquisition is made?
[ãó ëæ òîåã à (òåæ åäãø)] ùðééà äéà ùäîô÷éø îô÷éø áâñä åàéï äæåëä æåëä áã÷ä
Answer: It is because he made a large quantity Hefker but one who acquires it does it in small quantities, (it is not Hefker and must be tithed before he discards it).
çæ÷éä àîø àéï äô÷ø îçåñø ìáòìéï àìà (áæëééä)[áæëééú] îðééï
(Chizkiyah): The meaning of the Mishnah's phrase (above (b)) 'She'eino Me'usar Ela Minyan' is 'because all that it's lacking is counting the number of bundles' (in order to pay for his acquisition, since the price per bundle is fixed - therefore, they are already obligated in Maaseros).
ëéöã äåà òåùä ðåèì îï (äòìéåï)[äòìéï] åîú÷ï.
What should he do to tithe (without taking away from the bundles)? Take a small amount of leaves from the top of each bundle.
åàéðå àñåø îùåí âæì
Question: Isn't he stealing (from the seller)?
ëäãà ø"ù áø ëäðä äåä îñîéê ìø' ìòæø òáøåï òì çã ëøí à"ì àééúé ìé çã ÷éñí îçöã ùéðéå çæø åàîø ìéä ìà úéúé ìé ëìåí àîø ãàéï àééúé ëì áø ðù åáø ðù îéòáãï ëï äà àæéì ñééâà ãâåáøà
Answer: It's like the story of R. Shimon bar Kahana and R. Elazar who were walking and R. Shimon was leaning on R. Elazar. They passed by a vineyard and R. Shimon said - 'Bring me a splinter from the tree that is fencing in the vineyard, so that I can pick my teeth'. R. Shimon then said, "Don't bring me anything; because if everyone will do this, there will be no fence left!' (We see here that strictly speaking, it was permitted to take a splinter from there.)
øáé çâé äåä îéñîê ìøáé æòéøà òáø çã èòåï çã îéëéì ã÷éñéï à"ì àééúé ìé çã ÷éñí îçöã ùéðéé çæø àîø ìé' ìà úéúé ìé ëìåí ãàéï àééúé ëì áø ðù åáø ðù îéòáã ëï äà àæéìà îéëìà ãâåáøà
R. Chaggai was once leaning on R. Zeira. Someone passed by carrying a load of twigs. R. Chaggai said to R. Zeira, "Give me a twig to pick my teeth". He then said, "Actually, don't give me anything, because if everyone will do this, his whole load will vanish".
ìà ø"æ ëùø ëì ëê àìà îéìéï ãéåöøï ùîò ìï [ãó éâ òîåã á] ðéòáãéðï
(R. Zeira): (About himself) Don't think that R. Zeira is so upright (that he listened to R. Chaggai) - Hash-m's Torah requires it!
øáé àáäå áùí øáé éåçðï ëéåï ùîùê ÷ðä ìà äéä çñø àìà îîðé ìéä
(R. Abahu citing R. Yochanan): (Also understands the word 'Me'user' in the Mishnah to mean lacking) As soon as the person performs an acquisition of Meshicha (drawing the item), he acquires it, since nothing else is lacking except counting it out.
ëéöã äåà òåùä ðåúï ãîé àçú îäï åîú÷ï
How should it be done? (Disagreeing with Chizkiyah) He should pay the value of one of them and thereby fix up the other bundles.
[ãó ëæ òîåã á (òåæ åäãø)] åìà ðîöà òåùä ú÷ìä ìáàéí àçøéå
Question: Doesn't returning them back into the rest of the produce cause those people that come afterwards to stumble?
òåùä àåúï öéáåø ìôðéå
Answer: He piles them up separately.
åé÷áò àåúï úåê ôéøåúéå åìà ëï úðé ÷åáò àãí îòùøåúéå ùì çáéøå ìúåê ôéøåúéå åàôéìå òåùä ú÷ìä ìáàéí àçøéå
Question: Why can't the buyer just return everything and tithe it with his produce at home? Didn't a Tosefta teach that a person may fix his friend's Maaseros with his own, even if he causes a stumbling block for those that follow?
àîø øáé çéððà ú÷ðå áìå÷ç åìà ú÷ðå áîçæéø
Answer (R. Chinana): They allowed this for a buyer but not for one who is returning produce.
ëéðé îúðé' äéä òåîã åáéøø
(The Mishnah taught that if he was standing and choosing a bundle and then he saw a better bundle, he may return the first one (without tithing), because he did not draw them (into his possession).) The Mishnah should be understood to mean that he was still selecting the best bundle but hadn't yet taken it. (Therefore he may return it without tithing.)
òã ëãåï áàåúå îéï àôéìå îéï àçø:
Question: The Mishnah only spoke about if he saw another better bundle of the same type; what if it was a bundle of a different type of produce? (The Gemara does not answer this question.)